BUGG to BARNES 1854 Deed

Toone Trs to Barnes, JJ: This deed made the 21st day of December in the year one thousand eight hundred and fifty four between Zachariah Bugg of the County of Charlotte and State of Virginia of the one part and John J. Barnes of the County of Mecklenburg of the other part.

Whereas a certain Thomas Toone of the County of Mecklenburg and the State of Virginia by a certain deed bearing date on the 8th day of April 1846 and recorded in the Clerk's Office of Mecklenburg County Court did give, grant, bargain, and sell unto the said Zachariah Bugg, his heirs and assigns all that certain lot, piece, or parcel of land situate, lying, and being in the County of Mecklenburg, together with the tenament (sic) and premises thereto belonging or in any wise appertaining or Trust for the benefit of a certain Richard Russell. And by which deed the said Zachariah Bugg his heirs and assigns and the Survivor or Survivors of them (next word illegible) and are empowered on failure of the said Thomas Toone to perform certain acts and deeds therein mentioned to sell the said property or as much thereof a bill he found necessary to fulfill the purpose of said Trust and provision therein contained. And whereas the said Thomas Toone failed to perform the requirements contained in said deed, the said Zachariah Bugg in execution of the Trust & above created deed on the 23rd day of November 1850 after giving the notice of the time and place of sale by advertising the same expose to sale, the lot piece or parcel of land situate lying and being in the County of Mecklenburg together with the tenements and premises thereto belonging or in any wise appurtaning and which property was conveyed to the said Zachariah Bugg by Thomas Toone by deed bearing date the 8th day of April 1846, and which is recorded in the Clerks Office of Mecklenburg County Court, and to which deed reference is hereby made for a more particular description of said property. At which sale the said John J. Barnes became the purchaser thereof being the highest bidder.

Now this deed witnesseth that the said Zachariah Bugg in performance of his duties as Trustee of and for the said Thomas Toone, and for and in consideration of the sum of three hundred & thirty two dollars good and lawful money of the State of Virginia, to him the said Zachariah Bugg in hand paid by the said John J. Barnes at & before the sealing and delivery of these presents and which he the said Zachariah Bugg doth hereby acknowledge the said sum of three hundred and thirty two dollars to be applied by the said Zachariah Bugg first to defray all the expenses attending the execution of the Trust created by the above part recited deed and secondly to pay unto the said Richard Russell his heirs & assigns all the sum or sums of money due and owing him or them back from the said Thomas Toone his heirs and assigns in accordance with the provisions of the above deed to which reference is hereby made for further information hath given, granted, bargained and sold & by these presents do give, grant, bargain & sell unto the said John J. Barnes his heirs Executors and administrators the lot piece or parcel of land lying and being in the County of Mecklenburg containing forty acres and bounded on all sides by the lands of the said John J. Barnes, together with the tenements and premises thereto belonging as above mentioned and described with all the appurtenances thereto appertaining and belonging. To have and to hold the said lot with its appurtenances unto the said John J. Barnes, his heirs and assigns and to the only proper use and behoof, of him the said John J. Barnes his heirs & assigns forever. And the said Zachariah Bugg, the said lot piece or parcel of land with all the premises and appurtenances thereto belonging or in any wise appertaining unto the said John J. Barnes his heirs etc. will covenant and forever defend by these presents forever and against all and every claim or claims, demand or demands of him the said Zachariah Bugg his heirs etc. and against all and every person or persons claiming by through or under him or them. In witness whereof the said Zachariah Bugg hath hereunto set his hand and affixed his seal the day and year first above written.

signed sealed and delivered Zac Bugg (seal)

in presence of __

Mecklenburg County Clerks Office Decem. 21st 1854

The foregoing deed of bargain and sale was this day acknowledged in the Clerks Office aforesaid by Zach Bugg, a party thereto to be his act and deed and admitted to record.

Teste

R. B. Baptist C

Contributed by Kathy Turner